Welsh v. United States

In Welsh v. United States (1970) 398 U.S. 333, the United States Supreme Court also discussed the federal statute's exclusion of persons with " 'essentially political, sociological, or philosophical views or a merely personal moral code' " from conscientious objector status. ( Welsh v. United States, supra, 398 U.S. at pp. 342-343 90 S.Ct. atp. 1798.) The court held: "We certainly do not think that section 60 (j)'s exclusion . . . should be read to exclude those who hold strong beliefs about our domestic and foreign affairs or even those whose conscientious objection to participation in all wars is founded to a substantial extent upon considerations of public policy. The two groups of registrants that obviously do fall within these exclusions from the exemption are those whose beliefs are not deeply held and those whose objection to war does not rest at all upon moral, ethical, or religious principle but instead rests solely upon considerations of policy, pragmatism, or expediency." (Ibid.) The court concluded that section 6(j) "exempts from military service all those whose consciences, spurred by deeply held moral, ethical, or religious beliefs, would give them no rest or peace if they allowed themselves to become a part of an instrument of war." ( Id. at p. 344 90 S.Ct. at p. 1798.)